On February 14, 2007, the Plaintiff is the owner who completed the registration of ownership transfer with respect to E Apartments (multi-family housing with 13 stories above the ground, and business facilities (officetel; hereinafter “instant apartments”) 301 and 302 square meters in Busan-gun, Busan-gun (hereinafter “instant apartments”).

B. From February 2014, the Defendant newly constructed an apartment house of the size of the first floor and the eight-story above ground level (hereinafter “instant apartment house”) on the land owned by the Defendant adjacent to the south east of the said apartment site, Busan, Busan, the land owned by the Defendant (hereinafter “instant neighboring land”). The distance between the instant apartment and the instant apartment is about 9.2 meters based on each of the instant partitioned buildings.

2. The assertion and judgment

A. The summary of the plaintiff's assertion (1) The defendant newly constructed the apartment houses of this case, which are the eight or more stories above ground without a short distance between the respective sections of this case and 9.2 meters, thereby infringing on the right to enjoy sunshine, the right to view, and the right to privacy and the right to privacy ( privacy). Accordingly, since the market price of each of the instant divided buildings has decreased to a level of 15 million won per household, the defendant is obliged to compensate the plaintiff for property damage amounting to 30 million won (=15 million won x two households), and five million won as solatium.

(2) The Defendant’s new construction of the instant apartment at a distance of about 9.2 meters from the instant apartment and the instant apartment based on each of the instant partitioned buildings is in accordance with the construction permission lawfully received from the captain-gun. The new construction of the instant apartment exceeds the tolerance level under the social norms due to the construction of the instant apartment.